QUESTIONNAIRE DATA PROTECTION LAW -RWANDA
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1 QUESTIONNAIRE DATA PROTECTION LAW -RWANDA Introduction The following Questionnaire pertains to certain considerations impacting the development of data protection law in your country. Data protection laws are enacted to safeguard the rights of privacy and protection of personal or sensitive information of individuals. Such laws may include data protection principles against to handlers of personal information must adhere. The law may be a single designated legislation alternatively data protection requirements may appear in electronic commerce legislation, consumer protection legislation, telecommunications legislation. Specific countries have a dedicated data or information protection regulator. Data protection laws may or may not result from data protection policy in the country. Kindly answer the following questions from the perspective of your organisation and/or industry (or sector) to assist with the provision of information and context relevant to the consideration of the appropriate legal provisions for data protection in Rwanda. *Please use the term industry and sector interchangeably when answering the questionnaire Respondent Details Organisation : Industry/ Sector: - 1 -
2 1. In general terms, is a law on the protection of personal information necessary in Rwanda? Why? 2. In the context of your organisation, what personal information of your stakeholders is collected? Please list categories of personal information such as name, address, addresses etc. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. 3. How is such information collected? (Please explain) a. Forms? b. Online Processes? c. Other 4. Describe the purposes of collection and use of the personal information? Is the personal information used only for the purpose of collection or further purposes? (Please explain) 5. Does your organisation collect more personal information from stakeholders than necessary? (If yes, please explain the reasons) - 2 -
3 6. Should your organisation obtain consent from your stakeholders for the use of their personal information? (Please explain) 7. Does your organisation share such personal information with third party organisations? (If yes, explain) 8. Should your organisation obtain consent before sharing personal information with third parties? (Please explain) 9. Regarding the personal information specified in your response to question 2 above, which categories would you regard as sensitive personal information? Why? 10. Should your stakeholders (whose personal information you hold) have the rights to: (Please explain your answers) a. Receive notification of the reasons that you collect their personal information? - 3 -
4 b. Access the personal information from your records (request that your organisation be transparent about their personal information held?) c. Request that your organisation rectify any incorrect personal information held? d. Object to the use of their personal information? e. Request that their personal information be deleted from your records? f. Request that their personal information not be disclosed to third parties? 11. With respect to your answers to question 10, explain any negative impacts if your data subjects were granted such rights? 12. Is there a need for mandatory security safeguards to be applied to the protection of personal information held by an organisation? Please explain
5 13. Is there a need to govern the exchange of personal information of your stakeholders with organisations outside of Rwanda? (Please explain) 14. Please describe any specific protection of personal information regarding your stakeholders that you would like to see in the data protection legal provisions to be developed? 15. Please describe particular: a. concerns regarding the treatment of personal information in your industry? b. incidents of violations of privacy of stakeholders in your industry? 16. Is the privacy or protection of personal information of your stakeholders addressed in other laws or legal instruments specific to your organisation or industry? a. Other substantive data protection laws (e.g. laws prohibiting unauthorised collection, access or use of personal information, laws in your industry): (f yes, please list/ explain) - 5 -
6 b. International or Regional Directives, Treaties, Cooperation and Mutual legal assistance related to your industry or organisation: Yes No *If yes, kindly indicate the date of effect of such directives, treaties, decrees of co-operation. c. Self Regulatory Mechanisms (e.g. codes of conduct or industry body rules) 17. In your view, should a unit/department/entity be established by government to deal with data (information) protection? (Please explain.) 18. Should organisations be required to notify a government authority of: a. The categories and purpose of personal information processed b. Incidents of security breaches concerning personal information for which an organisation is responsible 19. What, in your view, would be the appropriate penalties or sanctions where personal information protection standards prescribed by legislation are not met? 20. Additional Notes/ Comments: (Please feel free to input general notes/ comments) - 6 -
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